What is an
infraction?

What if I receive an infraction?
- Response Due 15 Days From Date of Infraction

Start by reading the entire informational
section of your notice of infraction. If you received a green paper
ticket, this information will be located on the back side of your copy
of the ticket. If you received a white "electronic" ticket this
information will be located on the lower section of the front side of
the ticket. Follow the instructions contained in this NOTICE OF
INFRACTION section, making sure that you respond to the court within
fifteen (15) days of the date that the ticket was issued. Note that
while the infraction is not a crime, failure to respond can result in
the suspension of your driving privilege. You can respond by either
mailing the green ticket to the Court or bringing it in person to the
District Court office. You must select one of the boxes on the back of
the ticket and verify your address. If you decide to pay the ticket
without coming to court, you should mark box one (1) and send the
penalty amount listed in the "penalty/bail" box located on the front in
the lower right-hand part of the ticket. Please note that if you do not
respond within 15 days additional penalties may be added. Please contact
the court if you are paying the infraction to verify the correct amount.

What if I just want to explain
what happened?

MITIGATION HEARING - If you admit or committed
the violation, but wish to explain the circumstances of what happened,
you may check box two (2). This is called a mitigation hearing and a
court date will be sent to you. You then will attend a short Court
proceeding. The Judge, depending on the explanation and your record, may
adjust the penalty. However, the Judge will not dismiss the ticket and
it will appear on your driving record.

MITIGATION BY MAIL - At the time of your request
for a mitigation hearing or up until the scheduled hearing date, you
have the option of a mitigation hearing by mail. If you decide to
proceed with a hearing by mail, you will not be required to appear in
court. You must, however, complete the Defendant's Statement Form (form
link below) and mail, fax or deliver it to the court prior to your
scheduled hearing. The court will review your statement and the police
officer's sworn statement and render a decision. That decision will be
mailed to you. In the case of a mitigation hearing, the infraction is
found committed and a monetary penalty will be determined. The finding
will be reported to the Department of Licensing. Any penalty will be
based on the facts of the case and your driving record. You must agree
to pay the court-ordered penalty within the specified time ordered by
the judge. You will be notified by mail of the judge's decision. There
is NO right to appeal the judge's decision.

What if I don't
agree with the ticket?

CONTESTED HEARING - If you believe you did not
commit the violation, then you should select box three (3) to request a
contested hearing. Here, the Judge will read a sworn statement submitted
by the officer unless you request the presence and live testimony of the
officer. Then you may testify or present any evidence or witnesses that
you wish. If you want to have the officer or any technician present, you
must advise the clerk at the time you present your ticket or as soon as
possible thereafter so the hearing can be appropriately scheduled. As a
result of a contested hearing, a ticket may be dismissed, the original
penalty imposed in full, or some lesser amount may be imposed. If you
have subpoenaed witnesses and the court finds you did commit the
infraction, you may be required to pay court costs. A contested
infraction hearing is a civil case in which the Judge must find a
preponderance of the evidence is against you before the infraction can
be deemed committed.

What if I want
a lawyer?

At your own expense, you may have a lawyer
appear and represent you at your hearing. The lawyer will know how to
notify the court of their representation of you and your court date will
be sent to them.

How will an
infraction appear on my driving record?

When you pay the penalty, mitigate or are found
to have committed the infraction at a contested hearing, the law
requires that the infraction be reported to the Department of Licensing.
The infraction will then appear on your driving record. If you win at a
contested hearing and the citation is dismissed, it is not reported and
will not appear on your driving record.

What if I do
not pay for the ticket or appear for the hearing?

A failure to pay or respond to the ticket within
15 days results in an order that the infraction was committed. If you
asked for a hearing and do not appear, your payment is due immediately.
When an infraction is not paid in a timely manner or a hearing is
missed, a $52.00 late penalty is added to the original penalty listed on
the ticket. A notice to pay the increased amount will be sent to you.
Your license may be suspended if the penalty is not paid as required
following the notice and the ticket may be assigned to a collection
agency, involving additional costs.

What about a no
liability insurance ticket?

If you receive a ticket for no insurance and you
had insurance at the time of the ticket, you may file proof of the
insurance with the court and the charge will be dismissed and not go on
your driving record upon payment of a $25.00 administrative fee. If you, obtained insurance after you were cited,
you may request mitigation of the citation and show proof of the
insurance. The court will then notify you of any reduction in the
penalty amount. You must do this within the 15 day response time.

Is there a
right to appeal?

If you do not win at a contested hearing, you
have the right to appeal to the Superior Court of Okanogan County. A
Notice of Appeal must be filed within 30 days of the court's decision
against you. There is a $230.00 Superior Court filing fee. The Superior
Court will review the record that was made at the District Court; there
will not be a new hearing. The District Court office has a form and
instruction sheet to assist with the appellate process.

What if I can’t pay my penalty
all at once?

If you can't pay all of your penalty, you will
be offered a time payment agreement. This is a contract with the Court
for installment payments and must be strictly adhered to. Read the
agreement carefully, as failure to comply can result in late fees,
suspension of your driver's license and assignment of the account to a
collection agency resulting in additional expense. You are responsible
for making your payments on time per the agreement - No monthly
statements will be mailed.